India International Arbitration Centre (Criteria for Admission to the panel of arbitrators) Regulations, 2023
INDIA INTERNATIONAL ARBITRATION CENTRE
NOTIFICATION
New Delhi, the 31st March, 2023
F. No. A-60011/3/2023-IIAC.—In exercise of the powers conferred by sub-section (3) of section 28 read with clause (e) of sub-section (2) of section 31 of the India International Arbitration Centre Act, 2019 (17 of 2019), the India International Arbitration Centre hereby makes the following regulations, namely:
1. Short title and commencement.—(1) These regulations may be called the India International Arbitration Centre (Criteria for Admission to the panel of arbitrators) Regulations, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.— (1) In these regulations, unless the context otherwise requires,–
(a) “Act” means the India International Arbitration Centre Act, 2019;
(b) “Arbitration Act” means the Arbitration and Conciliation Act, 1996;
(c) “Centre” means the India International Arbitration Centre established and incorporated under section 3 of the Act;
(d) “Chamber of Arbitration” means the Chamber of Arbitration as provided under section 28 of the Act;
(e) “Chairperson” means the Chairperson of the Centre referred to in clause (a) of section 5 of the Act;
(f) “panel of arbitrators” means the panel of arbitrators maintained by the Centre in accordance with regulation 4;
(g) “practice directions” means the directions issued by the Centre from time to time for the purpose of empanelment of arbitrators by the Chamber of Arbitration;
(h) “Registrar” means the Registrar of the Centre.
(2) All other words and expressions used herein but not defined shall have the same meanings asassigned to them in the Act or the Arbitration Act, as the case may be.
3. Composition and Members of the Chamber of Arbitration.— (1) In terms of section 28 of the Act, the Chamber of Arbitration shall consist of members who are experienced arbitration practitioners of repute, at national and international level, and persons having wide experience in the area of alternative dispute resolution.
(2) The Centre would invite persons of repute, at national and international level, and having wide experience in the area of arbitration and alternative dispute resolution to be a member of the Chamber of Arbitration.
4. Panel of arbitrators.—(1) Pursuant to section 28 of the Act, the Chamber of Arbitration shall empanel arbitrators and maintain the panel of arbitrators from amongst persons who are proficient and willing to serve as arbitrators subject to their expertise and experience, for either domestic or international arbitration or both, as may be determined by the Chamber of Arbitration.
(2) The Chamber of Arbitration may at any time add new names to the panel of arbitrators or remove the name of any person from the panel of arbitrators as it deems fit.
5. Application for empanelment.—(1) An applicant wishing to apply to be on the panel of arbitrators shall be a person having appropriate level of expertise and experience either in domestic arbitration, international arbitration or both and shall be of good standing and character. The application shall preferably be made online on the website of the Centre (www.indiaiac.org).
(2) An application for empanelment as an arbitrator may also be made as per the Form annexed to these regulations. The Form shall be submitted to the office of the Registrar, who shall be the Member Secretary of the Chamber of Arbitration, accompanied by a non-refundable fee of ten thousand rupees in Indian currency or such fee as may be revised from time to time by the Centre.
(3) An application for empanelment shall be put up by the Registrar before the Chamber of Arbitration for scrutiny and consideration of such application.
(4) Upon scrutiny of the application, the members of the Chamber of Arbitration may hold an interaction with the applicant before according approval to the applicant to be enrolled on the panel of arbitrators or rejecting the application.
6. Criteria for empanelment of arbitrator.—(1) The Chamber of Arbitration shall empanel the arbitrators on the basis of following criteria, namely:-
(i) the applicant shall not be less than thirty five years and not more than seventy five years of age;
(ii) the educational qualifications and experience of the applicant shall be largely relevant to the applicant’s field of expertise or of conduct of arbitration proceedings either as a sole arbitrator or as a member of any Arbitral Tribunal, within the last five years or otherwise related to the field of arbitration;
(iii) the applicant shall furnish a statement that he has not been found guilty by a Court for any criminal offence, or for misconduct after conduct of disciplinary proceedings and that no criminal case or any departmental proceeding is pending against him:
Provided that the Chamber of Arbitration may even otherwise invite eminent persons having specialised knowledge and substantial relevant experience in the field of arbitration for being empaneled on the panel of arbitrators.
(2) The decision of the Chamber of Arbitration for the inclusion of the name of a person or otherwise on the panel of arbitrators shall be final.
7. Period of empanelment.- The empanelment of an arbitrator with the Centre shall be for a maximum period of five years.
8. Application for re-empanelment.—(1) The arbitrator so empaneled may make a fresh application for re-empanelment along with the notified fee on completion of the term of empanelment.
(2) The Chamber of Arbitration, may, while considering the application for re-empanelment, consider the work and conduct of the applicant during the term preceding the application for re-empanelment.
(3) The decision on the arbitrator’s re-empanelment shall be taken by the Chamber of Arbitration, which reserves the right to re-empanel the arbitrator or not and such decision of the Chamber of Arbitration shall be final.
9. Tenure of the members of the Chamber of Arbitration: – (1) A member of the Chamber of Arbitration shall ordinarily have a term of two years and shall be eligible for reappointment.
(2) Any member of the Chamber of Arbitration can relinquish his membership after giving one month notice to the Centre.
(3) The members of the Chamber of Arbitration shall be at liberty to conduct arbitration proceedings entrusted to them by other arbitral institutions or Courts or upon being appointed as arbitrator by the parties other than parties approaching the Centre.
10. Decisions of the Chamber of Arbitration.—(1) The Chamber of Arbitration may consider applications for empanelment of arbitrators for domestic and international arbitration separately.
(2) The decisions regarding such empanelment shall be taken by the Chamber of Arbitration by consensus.
(3) In case no consensus is reached between the members regarding empanelment or otherwise, the decision of the Chairperson of the Centre shall be final and binding.
11. Practice directions.—The Centre may from time to time issue practice directions which may be considered necessary for the purposes of empanelment of arbitrators by the Chamber of Arbitration and such practice directions may be published on the website of the Centre for the information of all concerned.
12. Power to relax.—Where the Centre is of the opinion that it is necessary or expedient so to do, it may, by order and for reasons to be recorded in writing, relax any of the provisions of these regulations with respect to any class or category of persons.
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